Texas Is Cracking Down on THC: What You Need to Know if You Use Delta-8, Delta-9, or Other Hemp Products
If you’ve purchased THC gummies, Delta-8 vapes, or any hemp-derived products in Texas recently, you need to read this.
A new law—Senate Bill 3 (SB 3)—has just passed in the Texas Legislature and is expected to take effect on September 1, 2025. Once in place, it will ban nearly all THC-containing hemp products, even if they were legal when you bought them.
At The Wade Law Group, we’re already hearing from people who are confused or worried about what this means—and for good reason. This law could turn your vape pen or edible into the basis of a criminal charge.
What’s In the New THC Law (SB 3)?
SB 3 is Texas lawmakers’ response to the popularity of hemp-based THC products like Delta-8 and Delta-9. These were legal under the 2019 hemp law as long as they contained less than 0.3% Delta-9 THC by dry weight.
But under the new law:
All consumable hemp products with any amount of THC will be banned.
Only non-intoxicating compounds like CBD and CBG will still be allowed.
THC-infused drinks, gummies, tinctures, and vapes would be outlawed.
What Happens If You’re Caught?
The penalties are serious:
Possession of THC hemp products: Class C misdemeanor (up to a $500 fine)
Selling to minors: Class A misdemeanor (up to 1 year in jail)
Manufacturing or distributing THC products: Third-degree felony (2 to 10 years in prison)
This means that a product you bought legally at a CBD shop this summer could get you arrested this fall.
If SB 3 becomes law as expected:
You could be charged for possessing items you bought legally.
Police and prosecutors will likely ramp up enforcement once the law is active.
Legal confusion will be high—what’s legal, what’s not, and how are products tested?
At The Wade Law Group, we anticipate an increase in arrests, especially for people unaware of the change. This is why it’s so important to understand your rights and have an experienced criminal defense attorney on your side.
